Chapter 1 – NATIONAL LEGAL FRAMEWORK ON ARTISTIC EXPRESSION 1.1 Introduction “Art plays a vital role in defining a nation; in giving it an identity, a history, a present, and a future. It can also be balm for a nation; it can heal and bond a nation; it can enable it to recover from trauma and live again. Art can interpret hard times and reconcile us all to them and to each other.”2 According to the report of the United Nations Special Rapporteur in the Field of Cultural Rights (thereafter referred to as the Shaheed Report), ‘... art constitutes an important vehicle for each person, individually and in community with others, as well as groups of people, to develop and express their humanity, worldview and meanings assigned to their existence and development’.3 People in all societies create, make use of, or relate to, artistic expressions and creations.4 In addition, respect for freedom of expression, as well as the right of access to information held by public bodies and companies, will lead to greater public transparency and accountability, as well as to good governance and the strengthening of democracy. Accordingly, laws and customs that repress freedom of expression are a disservice to society.5 Speaking to the role of art in society, an artist said the following regarding the artist (intellectual)6 ‘He is the closest channel to dreams of his people. If the artist loses his dream it is a catastrophe for the people. Artistic innovation remains a continuous concern for people and it is the heart of the artist that creates innovation. In a speech by former Education and Sports Minister, Senator David Coltart, delivered at the Annual Lozikeyi Lecture at the National Gallery of Zimbabwe in Bulawayo on October 29, 2010 available on http://www.pambazuka.net/en/category.php/features/68867,http://www.zimbabwesituation. org/?p=21578 3 Fareed Shaheed, Report of the Special Rapporteur in the Field of Cultural Rights, pg. 1, available on http://artsfreedom.org/wp-content/uploads/2013/04/A-HRC-23-34_en.pdf accessed 7 July 2015 4Fareed Shaheed, Report of the Special Rapporteur in the field of cultural rights, pg. 1,available on http://artsfreedom.org/wp-content/uploads/2013/04/A-HRC-23-34_en.pdf 5http://www.fesmediaafrica.org/fileadmin/user_upload/pdf/AMB_Methodology/Relevant_regio nal_and_international_instruments_on_freedom_of_expression_and_the_media.pdf accessed 7 July 2015 6 Freemuse All That is Banned is Desired: Conference on Freedom of Expression Report (2005) p28. 2 14 | P a g e